PAUL ZUGEHOER, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 626, 2009.Supreme Court of Delaware.Submitted: August 13, 2010.
Decided: August 19, 2010.

Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0611012475.

ORDER
JACK B. JACOBS, Justice.

This 19th day of August 2010, it appears to the Court that, on July 16, 2010, the Clerk issued a notice to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant’s failure to diligently prosecute the appeal by not filing his opening brief and appendix. The appellant has failed to respond to the notice to show cause within the required 10-day period. Therefore, dismissal of this action is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED.

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